Telesco v. Starbucks Corporation
| Kenneth Telesco |
| Starbucks Corporation |
| 7:2022cv02687 |
| April 1, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Other Fraud |
| 28 U.S.C. § 1332 dtp Diversity - Deceptive Trade Practices |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 31
OPINION & ORDER re: #25 MOTION to Dismiss First Amended Complaint. filed by Starbucks Corporation. For the foregoing reasons, the Court GRANTS Defendant's motion to dismiss with respect to Plaintiff's: (1) claim for breach of express warranty; (2) claim for violation of GBL 349; and (3) claim for violation of GBL 350. The Court dismisses these claims without prejudice. As Plaintiff's First Amended Class Action Complaint was the first Complaint for which motion practice occurred, Plaintiff is granted leave to file a Second Amended Complaint. Plaintiff will have until August 11, 2023 to do so, consistent with this order. Plaintiff is advised that the Second Amended Complaint will replace, not supplement, the First Amended Complaint, and so any claims they wish to pursue must be included in, or attached to, the Second Amended Complaint. Defendant is then directed to answer or otherwise respond by September 5, 2023. If Plaintiff fails to file a second Amended Complaint within the time allowed, those claims dismissed without prejudice by this order will be deemed dismissed with prejudice. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 25. ( Amended Pleadings due by 8/11/2023.) (Signed by Judge Nelson Stephen Roman on 7/18/2023) (ate)
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Filing 30
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss First Amended Complaint. . Document filed by Starbucks Corporation..(Giali, Dale)
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Filing 29
CERTIFICATE OF SERVICE of Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss served on Defendant Starbucks Corporation on 11/03/2022. Document filed by Kenneth Telesco..(Klorczyk, Frederick)
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Filing 28
MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss First Amended Complaint. . Document filed by Kenneth Telesco..(Klorczyk, Frederick)
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Filing 27
CERTIFICATE OF SERVICE of Notice of Motion and Motion to Dismiss, Memorandum of Law in Support, and Declaration of Dale J. Giali served on Plaintiff Kenneth Telesco on 09/19/2022. Document filed by Starbucks Corporation..(Giali, Dale)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss First Amended Complaint. . Document filed by Starbucks Corporation. (Attachments: #1 Affidavit of Dale J. Giali, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4).(Giali, Dale)
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Filing 25
MOTION to Dismiss First Amended Complaint. Document filed by Starbucks Corporation..(Giali, Dale)
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Filing 24
MEMO ENDORSEMENT granting #23 Motion to Withdraw as Attorney. ENDORSEMENT: The Court GRANTS the application. The Clerk of the Court is directed to terminate the appearance of defense attorney Daniel D. Queen in this case and the motion on ECF No. 23. Attorney Daniel David Queen terminated. (Signed by Judge Nelson Stephen Roman on 8/16/2022) (ate)
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Filing 23
MOTION for Daniel D. Queen to Withdraw as Attorney . Document filed by Starbucks Corporation..(Queen, Daniel)
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Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by Starbucks Corporation. ENDORSEMENT: The Court waives the PMC requirement and grants Def. leave to file its motion under the following briefing schedule: Def.'s mov. papers are to be served (not filed) on Sept. 19, 2022; Pl.'s opp. papers are to be served (not filed) on Nov. 3, 2022; and Def.'s reply papers are to be served on Nov. 23, 2022. All motion papers are to be filed by the parties on the reply date, Nov. 23, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. (Signed by Judge Nelson Stephen Roman on 8/5/2022) (ate) Modified on 8/5/2022 (ate).
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Filing 21
LETTER addressed to Judge Nelson Stephen Roman from Keri Borders dated August 5, 2022 re: Pre-Motion. Document filed by Starbucks Corporation..(Borders, Keri)
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Set/Reset Deadlines: Motions due by 11/23/2022. (ate)
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Filing 20
NOTICE OF CHANGE OF ADDRESS by Keri Elizabeth Borders on behalf of Starbucks Corporation. New Address: King & Spalding LLP, 633 W. Fifth Street, Suite 1600, Los Angeles, California, United States 90071, 2134434355..(Borders, Keri)
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Filing 19
NOTICE OF CHANGE OF ADDRESS by Dale J. Giali on behalf of Starbucks Corporation. New Address: King & Spalding LLP, 633 W. Fifth Street, Suite 1600, Los Angeles, California, United States 90071, 2134434355..(Giali, Dale)
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by Starbucks Corporation. ENDORSEMENT: The Court GRANTS the application and extends the deadline for Defendant to file a responsive pleading to Plaintiff's Amended Complaint to August 5, 2022. The Clerk of the Court is directed to terminate the motion at ECF No. 17. SO ORDERED. Starbucks Corporation answer due 8/5/2022. (Signed by Judge Nelson Stephen Roman on 7/8/2022) (vfr)
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Filing 17
LETTER addressed to Judge Nelson Stephen Roman from Daniel D. Queen dated July 7, 2022 re: extension of time to respond to the amended complaint to August 5, 2022. Document filed by Starbucks Corporation..(Queen, Daniel)
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Filing 16
AMENDED COMPLAINT amending #1 Complaint against Starbucks Corporation with JURY DEMAND.Document filed by Kenneth Telesco. Related document: #1 Complaint..(Klorczyk, Frederick)
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE OF KERI E. BORDERS granting #12 Motion for Keri E. Borders to Appear Pro Hac Vice. The Clerk of the Court is directed to terminate the motion at ECF No. 12. SO ORDERED.. (Signed by Judge Nelson Stephen Roman on 5/23/2022) (ks)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE OF DALE J. GIALI granting #13 Motion for Dale J. Giali to Appear Pro Hac Vice. The Clerk of the Court is directed to terminate the motion at ECF No. 13. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/23/2022) (ks)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Dale J. Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26173473. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Keri E. Borders to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 13
MOTION for Dale J. Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26173473. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Corporation. (Attachments: #1 Affidavit of Dale Giali, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order on Admission for Pro Hac Vice).(Giali, Dale)
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Filing 12
MOTION for Keri E. Borders to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Corporation. (Attachments: #1 Affidavit of Keri Borders, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission of Pro Hac Vice).(Borders, Keri)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Dale J. Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26167055. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of CA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba) Modified on 5/19/2022 (vba).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Dale J. Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26167055. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (415-865-7000);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea)
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dale J. Giali to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26167055. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Corporation. (Attachments: #1 Affidavit of Dale Giali, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Giali, Dale) Modified on 5/19/2022 (aea).
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Keri E. Borders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26159424. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Starbucks Corporation. (Attachments: #1 Affidavit of Keri Borders, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Borders, Keri) Modified on 5/19/2022 (vba).
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Filing 9
ORDER terminating #8 Letter Motion for Conference re: #8 LETTER MOTION for Conference re Starbucks Proposed Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) addressed to Judge Nelson Stephen Roman from Daniel D. Queen dated May 16, 2022. The Court waives the pre-motion conference requirement and grants Defendant leave to file its motion pursuant to the following briefing schedule: (1) Defendant's moving papers are to be served (not filed) on June 15, 2022; (2) Plaintiff's opposition papers are to be served (not filed) on July 15, 2022; and (3) Defendant's reply papers are to be served on August 1, 2022. All motion papers are to be filed by the parties on the reply date, August 1, 2022. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court's local emergency civil rules. The Clerk of the Court is directed to terminate the motion at ECF No. 8. (Signed by Judge Nelson Stephen Roman on 5/16/2022) (ate)
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Filing 8
LETTER MOTION for Conference re Starbucks Proposed Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) addressed to Judge Nelson Stephen Roman from Daniel D. Queen dated May 16, 2022. Document filed by Starbucks Corporation..(Queen, Daniel)
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Set/Reset Deadlines: Motions due by 8/1/2022. (ate)
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Filing 7
MEMO ENDORSEMENT on re: #6 Letter filed by Starbucks Corporation. ENDORSEMENT: The Court GRANTS the application and extends Def.'s deadline to file a responsive pleading to Pl.'s Compl. to May 16, 2022. Starbucks Corporation answer due 5/16/2022. (Signed by Judge Nelson Stephen Roman on 4/25/2022) (ate)
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Filing 6
LETTER addressed to Judge Nelson Stephen Roman from Daniel D. Queen dated April 25, 2022 re: extension of time to respond to complaint to May 16, 2022. Document filed by Starbucks Corporation..(Queen, Daniel)
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Filing 5
SUMMONS RETURNED EXECUTED. Starbucks Corporation served on 4/5/2022, answer due 4/26/2022. Service was accepted by Cynthia Jones, Employee of Registered Agent. Document filed by Kenneth Telesco..(Klorczyk, Frederick)
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Case Designated ECF. (gp)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Starbucks Corporation. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Frederick John Klorczyk. The party information for the following party/parties has been modified: Kenneth Telesco. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Starbucks Corporation, re: #1 Complaint. Document filed by Kenneth Telesco..(Klorczyk, Frederick)
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Filing 2
CIVIL COVER SHEET filed..(Klorczyk, Frederick)
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Filing 1
COMPLAINT against Starbucks Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25948125)Document filed by Kenneth Telesco..(Klorczyk, Frederick)
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| Plaintiff: Kenneth Telesco | |
| Represented By: | Frederick John Klorczyk |
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| Defendant: Starbucks Corporation | |
| Represented By: | Dale J. Giali |
| Represented By: | Daniel David Queen |
| Represented By: | Keri Elizabeth Borders |
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